Richard Hutchings

Richard has a broad range of experience in advising on construction contracts and construction disputes. He acts for developers, builders, subcontractors, owners’ corporations and owners in front-end contract drafting and back-end construction disputes and litigation.

Richard approaches his work with commercial outcomes in mind. He spent time as in-house counsel with the Victorian Government’s urban renewal authority and with a firm acting for insurers and he understands what is truly important to our clients.

Richard’s experience includes advising on security of payment claims (for both claimants and respondents), and on construction claims for various parties in VCAT and before relevant Courts. He also advises on construction disputes including builder’s warranty claims, claims arising from latent conditions in construction projects, debt recovery matters, defect claims and misleading and deceptive conduct claims.

Richard’s experience includes:

• advising on security of payment claims for both claimants and respondents;
• advising on construction claims for a variety of parties in VCAT and before relevant courts;
• advising and acting for parties in private arbitrations in relation to construction disputes;
• acting for and advising owners corporations and owners corporation managers on construction and commercial disputes and front-end matters;
• advising on builder’s warranty claims, construction insurance policies and other construction-related indemnities;
• acting for builders, principals, developers, subcontractors in front-end drafting and negotiation of building contracts, including AS2124 and AS4300 /AS4902, agency agreements and Australian Standard;
• acting for consultants and principals in drafting and negotiating consultancy agreements;
• assisting in the resolution of commercial, construction and property disputes, including claims arising from latent conditions and defects in construction projects, and misleading and deceptive conduct claims in relation to the geotechnical conditions of a property and contract disputes in Victoria and New South Wales;
• advising and acting in a wide range of debt recovery matters for and of clients in Victoria, New South Wales and Western Australia;
• acted for Hanson Construction Materials Pty Ltd (as it then was) in a successful security of payment dispute with Decmil Australia Pty Ltd in the matter of Hanson Construction Materials Pty Ltd v Decmil Australia Pty Ltd [2024] VSC 361 being a judicial review of the adjudicator’s determination.
• in the matter of Allianz v Anthony Vitale and Giuliana Vitale [2014] NSWSC 364 (NSW Supreme Court and Court of Appeal), securing a favorable outcome for Allianz in the recovery from a director of a builder pursuant to a deed of indemnity for certain monies paid out by Allianz; the Court of Appeal confirmed this decision ([2014] NSWCA 358); and
• acting in the matter of Thiess Contractors v Owners Corporation 431951P Nos. 1-3 (claim no. 1190449900); a claim was lodged on Suncorp by an owners corporation under a builders warranty policy in respect of defects in a multi-storey apartment complex; this litigation before VCAT involved bringing claims against the builder and other consultants for defects in the apartment complex.

In the matter of Kaplan v State of Victoria (No 8) [2023] FCA 1092 Richard represented 5 Jewish former students of Brighton Secondary College. The lengthy Federal Court trial resulted in a judgment from Mortimer CJ that found that the students had been subjected to antisemitic bullying and a significant number of violations of the Racial Discrimination Act 1975 (Cth) (Act) which breached the students’ human rights. The Court held that the Principal by his acts and omissions and failure to address high levels of antisemitic bullying of Jewish students and by failing to enforce the policies of the School on racial harassment and antisemitic bullying breached the Act and was negligent. The State of Victoria was found to be vicariously liable. Cornwalls together with counsel acted in this significant matter of public interest on a primarily pro-bono basis.

Richard works closely with Amplify Alliance Australia, the national peak body which helps not-for-profit employment and community services all over Australia to provide the best possible assistance to disadvantaged communities and people.

• Finalist – New Partner 3 years or less, Lawyers Weekly Partner of the Year Awards 2020